East Central Reporter

After months of communication and several Freedom of Information Act (FOIA) requests, concerns have been raised about the Shelby County Board's handling of farm leases. The board is accused of not adhering to legal requirements for disclosing identities involved in leasing public property.

According to Illinois law, when a public body leases, rents, or sells public property, it must disclose the identities of all parties with a beneficiary interest. This includes farmers and any financially interested parties in the leased property. Such disclosures must be written and sworn under oath before any contract execution.

The failure to comply with these requirements can render contracts void and subject public officers to criminal penalties, including removal from office. Filing false disclosures could lead to charges of false verification and perjury.

Despite these regulations, the Shelby County Board reportedly continues to lease farmland without obtaining the necessary sworn disclosures. Critics argue that compliance with state law should be straightforward but remains unfulfilled by board members.

The Public Officer Prohibited Activities Act outlines these obligations. Section 3.1 mandates disclosure of all parties benefiting from transactions involving real property with governmental units. It requires written and sworn statements identifying every owner or beneficiary involved.

Violations are addressed in Section 4 of the Act, which classifies them as Class 4 felonies. Convicted individuals would face vacant office positions as part of their court judgment. Additional penalties for false verification and perjury are detailed in Section 4.5.